Summary: We cannot investigate this complaint about how the Council considered the complainants planning application. This is because the complainant has appealed to the Planning Inspector.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council dealt with his planning application. Mr X says the Council ignored its duties under the Equality Act 2010 and refused his planning application despite approving similar applications for homes nearby.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission
4. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mr X’s complaint. This is because he has appealed the Councils’ decision to the Planning Inspector. This places the complaint outside of our jurisdiction due to the limitations detailed in paragraphs 3 and 4.

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Final decision

8. We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman